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Where cannabis is legal in Oceania

Where cannabis is legal in Oceania

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rsz_path_5921 Medical cannabis
Illegal (including decriminalized)

Covering a vast expanse across millions of square miles of the Pacific Ocean, the region of Oceania is a complicated and incredibly diverse corner of the world. And while the climate and the largely agrarian economies of many of the countries of Oceania may be ideally suited for cannabis, the laws in most of the region remain far behind those of North America. There are still islands of progress, namely in Australia and New Zealand, both of which have legal medical marijuana programs and may be on the way to recreational legalization in the years to come.

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Medical
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Decriminalization
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Recreational
Australia

Medical: Yes
Recreational: Illegal (regional differences) 

Australia legalized medical cannabis in 2016 but patients have complained of a program that is too restrictive and does not provide enough access to medication. While the program is more restrictive than in many other countries, there is no set list of health conditions.  

Cannabis remains illegal on the federal level in Australia, though the Australia Capital Territory (ACT) in 2020 legalized adult use cannabis and South Australia has decriminalized possession.

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For more detailed information about the cannabis laws, see here.

New Zealand

Medical: legal
Recreational: illegal

The government of New Zealand in 2018 legalized medical cannabis and the bill became law in December, 2019. 

New Zealand’s Medical Cannabis Agency runs the medical marijuana program, and since April, 2020 doctors can prescribe cannabis-based medicines to patients. The program has been the subject of widespread criticism from patients and prospective patients who argue that it is far too restrictive.

Recreational cannabis remains illegal in the country and voters i narrowly rejected a referendum that would have legalized adult-use cannabis in November, 2020. 

For more detailed information about the cannabis laws, see here.

Kiribati

Medical: illegal
Recreational: illegal

Both medical and recreational cannabis are illegal in the remote island nation of Kiribati. 

Under section 8 of the country’s Dangerous Drug Ordinance 1948, anyone who knowingly cultates, possesses, or sells cannabis will be subject to prosecution. Police can enter any place where they suspect cannabis is present, even without a warrant. 

Marshall Islands

Medical: illegal
Recreational: illegal

Both medical and recreational cannabis are illegal in the Marshall Islands. Under the country’s 1987 Narcotic Drugs (Prohibition and Control) Act, marijuana and marijuana concentrates are considered prohibited drugs, as are any part of the plant, including seeds, resin, and any derivatives. The act does allow medical practitioners and patients to possess prohibited drugs if they are part of a medical treatment, but the country does not have a legal medical marijuana program in place. 

Micronesia

Medical: illegal (legal in Guam)
Recreational: illegal (legal in Guam)

Both recreational and medical cannabis are illegal in Micronesia. Under the country’s “Trust Territory Controlled Substances Act,” marijuana is considered a controlled substance, but possession is prosecuted less strictly than other controlled substances, and defendants arrested with one ounce or less will face a fine of $50 or less.  

The US territory of Guam is part of Micronesia, and has cannabis laws that are far more tolerant. Since 2014, Guam has a legal medical cannabis program and the Japanese Medical Marijuana Association has advocated for Guam as a destination for Japanese medical marijuana patients seeking treatment. Furthermore, in 2019, the territory legalized recreational marijuana for adults over the age of 21, who are allowed to possess up to an ounce of cannabis and grow up to six plants. 

Nauru

Medical: illegal
Recreational: illegal

Both medical and recreational cannabis are illegal in the small island nation of Nauru. No additional information is available at this time. 

Palau

Medical: illegal
Recreational: illegal

Both medical and recreational cannabis are illegal in Palau, though it is more tolerated than elsewhere in the region and the plant is widely consumed in the country. In 2012, the United Nations World Drug Report named Palau as the country with the highest level of cannabis use among adults, though the methodology of the survey has been called into question. 

In 2015, a draft legislation for medical cannabis was introduced but it was shelved before it made it to the senate.

Papua New Guinea

Medical: illegal
Recreational: illegal

Both recreational and medical marijuana are illegal in Papua New Guinea, though use and cultivation of cannabis is widespread in the country. 

Samoa

Medical: illegal
Recreational: illegal

Medical and recreational cannabis are illegal in Samoa. Under the country’s Narcotics Act 1967 it is considered a “prohibited plant” that is illegal to possess, cultivate, or sell. In 2018, Prime Minister Tuilaepa Dr. Sa’ilele Malielegaoi rejected outright a call for the government to weigh legalization of medical marijuana. 

Solomon Islands

Medical: illegal
Recreational: illegal

Possessing, using, selling, or growing cannabis is illegal in the Solomon Islands and can be punished by a heavy fine and jail time. The country has no legal medical marijuana program.  

Tonga

Medical: illegal
Recreational: illegal

Both medical and recreational cannabis are illegal in Tonga. 

Tuvalu

Medical: illegal
Recreational: illegal

Both medical and recreational cannabis are illegal in Tuvalu under the country’s Dangerous Drugs Act

Vanuatu

Medical: legal
Recreational: illegal

In 2018, the government of Vanuatu announced that it was launching an “ethical” medical marijuana industry, though in 2019 the country’s Agriculture Ministry said that it will be a long, complex process getting the local medical cannabis industry up and running. In May, 2021, the government introduced a new bill for industry hemp and medical cannabis, which would also amend the dangerous drugs act to distinguish between medical, non psychoactive cannabis and recreational cannabis.

Fiji

Medical: illegal
Recreational: illegal

Neither medical or recreational cannabis is legal in Fiji. Marijuana cultivation has been discussed as a possible way to diversify the tourism-heavy economy of the country, but there are no legalization measures on the horizon, and in June, 2021, Attorney General Aiyaz Sayed-Khaiyum stated that legalization could see Fiji “blacklisted” by other countries that have not pursued legalization.